Terms of Service

1. Agreement to Terms

By accessing or using NextLevel MCA ("Service," "Platform," or "we"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Nextlevel Automations LLC ("Company," "we," "us," or "our").

If you are using the Service on behalf of a business or organization, you represent that you have authority to bind that entity to these Terms.

2. Description of Service

NextLevel MCA is a complete merchant cash advance business operating system built on the GoHighLevel platform. The Service provides:

• Full CRM and contact management
• Deal tracking and pipeline management
• Lender database and criteria matching
• Email integration for lender submissions
• AI-powered email response classification
• Document management
• Advances and payment tracking
• Marketing automation, funnels, and websites
• Phone system and SMS messaging
• Reporting and analytics

The Service is designed for MCA brokers, ISOs, and funding professionals to manage their entire operation from a single platform.

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal authority to enter into these Terms
• Not be prohibited from using the Service under applicable laws
• Operate a legitimate MCA brokerage or related business

4. Account Registration

Account Provision

When you subscribe to NextLevel MCA, we provision an account for you on our platform. Your account includes access to all platform features based on your subscription tier.

Account Transfers

If you have an existing GoHighLevel account, you may request to transfer it to NextLevel MCA. Transferred accounts will be billed through NextLevel MCA and subject to these Terms. We do not charge a transfer fee.

Account Accuracy

You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

Account Security

You are responsible for:

• All activity that occurs under your account
• Maintaining the confidentiality of your login credentials
• Managing access for team members on your account
• Notifying us immediately of any unauthorized access

We are not liable for any loss or damage arising from unauthorized use of your account.

5. Subscription Plans

Available Plans

Additional users beyond your plan limit may be available for an additional fee.

Billing

• Subscriptions are billed monthly in advance
• Payment is due on the billing date
• All fees are non-refundable except as expressly stated

Payment Methods

We accept payment via credit card or other methods made available through our billing provider. You authorize us to charge your payment method for all fees incurred.

Plan Changes

You may upgrade your plan at any time. Upgrades take effect immediately and are prorated. Downgrades take effect at the start of your next billing cycle.

Failed Payments

If payment fails, we may:

• Retry the charge
• Suspend access to the Service
• Terminate your account after 15 days of non-payment

6. Usage Fees

In addition to your subscription, certain platform features incur usage-based fees, including but not limited to:

• SMS messaging (inbound and outbound)
• Phone calls and phone numbers
• Email sending (beyond included limits)
• AI features (Conversation AI, Content AI)
• Premium workflow actions and triggers

Current usage rates are available on our Usage Pricing page. Usage fees are billed monthly in arrears based on actual usage. You are responsible for monitoring your usage. We may suspend features if your account has an outstanding balance.

7. Your Data

Ownership

You retain all ownership rights to the data you input into the Service ("Your Data"), including information about your business clients, deals, lenders, and communications.

License to Us

You grant us a limited license to use, process, and store Your Data solely to provide and improve the Service. We will not use Your Data for any other purpose without your consent.

Client Data Responsibility

You are solely responsible for:

• The accuracy and legality of Your Data
• Obtaining necessary consents from your clients before inputting their personal information
• Complying with all applicable privacy laws regarding Your Data
• How you use information obtained through the Service

Data Export

You may export Your Data at any time through the platform's export features.

Data Deletion

Upon account termination, we will delete Your Data within 90 days, except where retention is required by law or for legitimate business purposes (such as resolving disputes).

8. Acceptable Use

You agree NOT to:

• Use the Service for any unlawful purpose
• Violate any applicable laws or regulations
• Input false, misleading, or fraudulent information
• Infringe on intellectual property rights of others
• Transmit malware, viruses, or harmful code
• Attempt to gain unauthorized access to the Service or other users' accounts
• Interfere with or disrupt the Service
• Reverse engineer, decompile, or disassemble the Service
• Use the Service to send spam or unsolicited communications
• Resell or redistribute the Service without authorization
• Use the Service in violation of fair lending laws or consumer protection regulations
• Circumvent usage limits or security measures
• Use the phone or SMS features in violation of TCPA or other communication laws

Compliance with Laws

You are responsible for complying with all laws applicable to your MCA brokerage business, including but not limited to:

• State licensing requirements
• Fair lending regulations
• Anti-money laundering (AML) requirements
• TCPA and communication regulations
• Privacy and data protection laws
• CAN-SPAM Act requirements

9. Email Integration

Connected Email Accounts

You may connect external email accounts (Google or Microsoft) to send lender submissions and monitor responses. When you connect an email account, you authorize us to:

• Send emails on your behalf to lenders
• Access incoming emails for response monitoring
• Process email content using AI classification

Your use of connected email accounts is also subject to the respective provider's terms of service.

AI Processing

Email classification uses AI services to identify approvals, declines, and information requests. While we strive for accuracy, AI classifications may contain errors. You are responsible for reviewing AI-generated results before taking action.

You may enable or disable AI processing for each connected email account.

10. Intellectual Property

Our Ownership

We own all rights, title, and interest in the Service, including:

• Software and source code
• User interface and design
• Trademarks and branding
• Documentation and content
• Pre-built templates, workflows, and automations

Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes during your subscription term.

Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without compensation or obligation to you.

11. Disclaimers

AS-IS BASIS

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

No Guarantee

We do not guarantee that:

• The Service will be uninterrupted or error-free
• Defects will be corrected
• The Service will meet your specific requirements
• AI classifications will be accurate
• Lender information or criteria is current or accurate

Not a Lender

NextLevel MCA is a software platform, not a lender, funder, or financial institution. We do not:

• Make lending decisions
• Provide financial advice
• Guarantee funding approvals
• Endorse or recommend specific lenders

You are solely responsible for your lending relationships and business decisions.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits or revenue
• Loss of data
• Loss of business opportunities
• Business interruption

OUR TOTAL LIABILITY for any claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

These limitations apply regardless of the theory of liability (contract, tort, or otherwise) and even if we have been advised of the possibility of such damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless NextLevel MCA and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law
• Your Data or content you submit
• Your interactions with lenders or clients
• Your use of phone, SMS, or email features
• Any dispute between you and a third party

14. Termination

By You

You may cancel your subscription at any time by contacting us. Cancellation takes effect at the end of your current billing period. You remain responsible for any outstanding usage fees.

By Us

We may suspend or terminate your access if:

• You violate these Terms
• You fail to pay fees when due
• Your usage patterns indicate abuse or fraud
• We are required to do so by law
• We discontinue the Service

Effect of Termination

Upon termination:

• Your license to use the Service ends immediately
• You remain liable for any outstanding fees
• We will delete Your Data within 90 days (unless legally required to retain)
• Provisions that by their nature should survive will survive (including Sections 7, 10, 11, 12, 13, and 16)

15. Modifications to Service and Terms

Service Changes

We may modify, add, or remove features of the Service at any time. We will provide reasonable notice of material changes.

Terms Changes

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending an email to your registered address
• Displaying a notice within the platform

Your continued use after changes take effect constitutes acceptance of the new Terms.

16. Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

Informal Resolution

Before filing any legal claim, you agree to contact us and attempt to resolve the dispute informally for at least 30 days.

Arbitration

Any disputes that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

Class Action Waiver

You agree to resolve disputes with us on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions

Either party may seek injunctive relief in court for intellectual property infringement or unauthorized access to the Service.

17. General Provisions

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force and effect.

Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

Assignment

You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control, including natural disasters, acts of government, or infrastructure provider outages.

Notices

We may send notices to the email address associated with your account. You may send notices to us at legal@nextlevelmca.com.

18. Contact Information

If you have questions about these Terms, contact us at: